Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All
Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

hmv, not sure if I have any rights?!

mementomike

By mementomike
in High Street Stores

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6164 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

mementomike

mementomike

Posted
Posted

Hi, quite simply I purchased a ps3 on the 17th and then on the 18th they brought out a much better package than I had purchased without any prior notice which meant I had missed out on potentially 130 pounds worth of goods.

Obviously I was very upset that this had happened and I telephoned them, and thye just pretty much told me they got my money so tough luck. Now, I can understand that, but on the off-chance do I have any rights in this sort of situation?!

 

cheers

 

mike

Link to post
Share on other sites
gyzmo

gyzmo

Posted
Posted

The only chance you have is if the store told you that there would be no other offers and you relied on that. Even then, it would be a bugger to prove, and not really worth teh cost or effort.

 

You could check if the store has any returns policy and try to use that, and if you bought it online, you may be able to use the distance selling regs.

 

Other than that, it is a case of rotten luck. If the store had put up the price, you wouldn't be happy if they came chasing you for extra money!

Link to post
Share on other sites
blitz

blitz

Posted
Posted

IF you purchased it from the internet/phone and got it delivered then as long as its unused you can return it under the distance selling regulations. If you purchased it store, then unfortunately you have lost out.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites
mementomike

mementomike

Posted
  • Author
Posted

Yes opened and used it on first day :) its a PS3! Had to be done...

No problem guys, thanks for the quick replys, I figured as much, just a case of bad luck... gutted still lol

But at least I am happy with the item overall forgetting about cost!

 

cheers

 

mike

Link to post
Share on other sites
sweetnsexyenglish

sweetnsexyenglish

Posted
Posted

I know its naughty but cant you return it anyway make some excuse, but then send someone in to buy it on the new deal. I would as you are or atleast I think within your rights as long as you've kept all the packaging.

 

I returned a set of scales based on the fact I couldn't read the dial easily two days after buying it. it seems like its only a few days check the receipt as long as it's not excluded from the returns policy i dont see why you cant, the only thing i would be unsure of is the return of games, as I was told once a game is opened they cant be sure its not been copied.

I'm fighting back and ready to go :D who will be my first victim? LBL, Brighthouse.

 

..."If you have no confidence in self, you are twice defeated in the race of life."

 

I am not here to insult or offend...just to offer advice and seek advice as all this is a learning experience, such is the cycle of life...for those that would wish to insult me for my thoughts or deeds...Stay Blessed for I know my heart is pure with no ill thought towards YOU. :cool:

Nationwide Won:D Benefits returned £577

Link to post
Share on other sites
blitz

blitz

Posted
Posted

You can only return them when used if the product is fault (or misdescribed etc), saying it is faulty when it is, or returning a used item saying its has not been used is illegal.

This site does not support any illegal methods and I believe there is a sticky in this forum regarding returning a non faulty item.

A company does not have to accept a return of goods if it was brought out of mistake, you don't like it, its not suitable. Only when it is faulty.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

Link to post
Share on other sites
sweetnsexyenglish

sweetnsexyenglish

Posted
Posted

I guess it depends on the individual store, but any decent sales person could and should have advised the sale offer changing the next day, only the receipt will tell what that stores exchange policy is and whether they are within the timescale of the returns policy. I wasn't claiming the person should say it's faulty but to see whether or not they could return the item with some excuse as long as they have the packaging and receipt and are within the timespan for returns.

I'm fighting back and ready to go :D who will be my first victim? LBL, Brighthouse.

 

..."If you have no confidence in self, you are twice defeated in the race of life."

 

I am not here to insult or offend...just to offer advice and seek advice as all this is a learning experience, such is the cycle of life...for those that would wish to insult me for my thoughts or deeds...Stay Blessed for I know my heart is pure with no ill thought towards YOU. :cool:

Nationwide Won:D Benefits returned £577

Link to post
Share on other sites
mementomike

mementomike

Posted
  • Author
Posted

You would have thought the ales guy might have done me a favour and told me that the better offer was coming out the next day but alas.. no.

Hmv's return policy is once opened- tough luck. which is fair enough I guess :)

Link to post
Share on other sites
sweetnsexyenglish

sweetnsexyenglish

Posted
Posted

Not arguing the point but having worked as a sales representative, and based on the fact the sale came out the following day, We had to learn our stock even for the areas we were not working on and that included what was due to be on promotion. I have been in stores as a customer and also advised what items where coming on promotion the following day that were not currently on special. But it is down to the individual on how helpful they want to be.

I'm fighting back and ready to go :D who will be my first victim? LBL, Brighthouse.

 

..."If you have no confidence in self, you are twice defeated in the race of life."

 

I am not here to insult or offend...just to offer advice and seek advice as all this is a learning experience, such is the cycle of life...for those that would wish to insult me for my thoughts or deeds...Stay Blessed for I know my heart is pure with no ill thought towards YOU. :cool:

Nationwide Won:D Benefits returned £577

Link to post
Share on other sites
ForestChav

ForestChav

Posted
Posted
you should have told them its faulty, or take it back now and tell them its developed an intermittent fault. They would have swapped it and you could have insisted on the new package

 

Is that not fraudulent?

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.

 

If my post has helped you please click my scales!

Link to post
Share on other sites
barracad

barracad

Posted
Posted
you should have told them its faulty, or take it back now and tell them its developed an intermittent fault. They would have swapped it and you could have insisted on the new package

 

The Consumer Action Group disassociates itself from this suggestion.

What is being suggested here amounts to fraud.

 

This site is concerned with asserting the consumer right.

This does not happen by stealth or dishonesty.

 

Please note that posts like this are not welcome on this site.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...